§ 35-15-303. Representation by Fiduciaries and Parents

To the extent there is no material conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:

1. A conservator may represent and bind the estate that the conservator controls;
2. A guardian may represent and bind the ward if a conservator of the ward’s estate has not been appointed;
3. An agent having authority to act with respect to the particular question or dispute may represent and bind the principal;
4. A trustee may represent and bind the beneficiaries of the trust;
5. A personal representative of a decedent’s estate may represent and bind persons interested in the estate;
6. A person may represent and bind the person’s minor or unborn descendant if a guardian for the descendant has not been appointed;
7. A person designated by the settlor in the trust instrument or in a writing delivered to the trustee to represent the beneficiaries of the trust may represent and bind such beneficiaries; and
8. A person designated by the beneficiaries of the trust to represent them may represent and bind such beneficiaries.